Full Court Minute Books

Case A1/2024

Stuart & Ors v. State of South Australia & Ors

Case No.

Case no A1/2024

Case Information

Lower Court Judgment

14/08/2023 Federal Court of Australia (Rangiah, Charlesworth and O’Bryan JJ)

[2023[ FCAFC 131


Native title – Extinguishment – Proper construction of "native title" in s 223(1) Native Title Act 1993 (Cth) ("NTA") – Overlapping claims – Where appellants together comprise applicant in native title determination under s 61 of NTA made on behalf of Arabana people in March 2013 over area in vicinity of township of Oodnadatta in South Australia – Where over subsequent five years different claim group, Walka Wani people, made two claims concerning same area ("overlap area") – Where in January 1998 Arabana made claim over area abutting overlap area, resulting in consent determination in 2012 in favour of Arabana  in Dodd v State of South Australia [2012] FCA 519 ("Dodd") – Where overlap area omitted from 1998 claim area because Arabana believed different accommodation of their rights in overlap area would be made by state government – Where primary judge dismissed Arabana claim and made determination of native title in favour of Walka Wani – Where appellants unsuccessfully appealed orders dismissing Arabana Claim to Full Court – Whether Full Court majority erred by not finding trial judge failed to correctly construe and apply definition of "native title" in s 223(1) when dismissing Arabana’s native title determination application – Whether Full Court erred by treating all aspects of determination in Dodd as being geographically specific.


08/02/2024 Determination

22/02/2024 Notice of appeal

28/03/2024 Written submissions (Appellants)

28/03/2024 Chronology (Appellants)

26/04/2024 Written submissions (Respondents)

17/05/2024 Reply

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